CC BY
10JURIDICAL SCIENCES
FORMATION AND DEVELOPMENT OF INTERNATIONAL COOPERATION IN THE SPHERE OF CRIMINAL PROCESS ON
THE POST-SOVIET AREA
Abdulloev P.S.
candidate of sciences (law), docent of the chair ofjustice and prosecutor's supervision of low faculty of Tajik national university, vice- dean of the faculty on science and international relations.
ABSTRACT
The present article deals with the actual issues, connecting with the peculiarities of the development of the international cooperation of in the sphere of criminal process on the post-Soviet area, it's formation and institutional perspective; it is pointed out that international cooperation and formation of institution of international cooperation on criminal cases in the post-Soviet countries are connected foremost with the history of Soviet Union, it is also analyzing foreign legislation as well as suggested the ideas on improving proceeding legislative in this sphere.
Keywords: international cooperation, post-Soviet area, international legal assistance, surrender of the persons, persons' transmission, transfer of criminal proceedings, criminal process, international treatments, criminal proceeding legislation, foreign state.
Development of international cooperation and formation of the institutions of international cooperation on criminal cases in the post-Soviet countries foremost are connected with the history of Soviet Union. It is formation of international cooperation in the soviet that accelerate the development of 15 republics being in the structure of USSR, that nowadays are called and understood as "post-Soviet area"1. Before that time there had been isolated normative legal acts of national legislation of USSR, namely Model Convention of USSR on surrender from 23.11.19232. Resolution of the Central Executive Committee of the USSR and Council of People's Commissars of USSR on the order of the intercourse between governmental institutions and officials of the Soviet Union and union republics with governmental institutions and officials of foreign states. "from 27.08.1926 3" as well as on international level was adopted on 22 November 1935.4 Agreement in the form of note between the USSR and USA on the order of court commission fulfilment. International cooperation on criminal cases in the Soviet criminal process has the following peculiarities: firstly regulation of international cooperation on criminal cases on the level with other kinds of international cooperation, particularly on civil and family cases; secondly, in the framework of national soviet proceedings legislation, the absence of
comprehensive regulation of international cooperation on criminal cases; it had been widely spread out the understanding of equivalent nations as international legal assistance and international cooperation on criminal cases in the international agreement in the soviet science. After the collapse of USSR on the 6 July 1992 in Moscow all countries once being in the structure of USSR had adopted memorandum on mutual understanding on the issues of the rights of succession in respect of the agreement of former USSR having mutual interest in accordance with this memorandum practically all multilateral international agreements of the former USSR represent common interest. For the state members of CIS. The question of participation in this agreements is discussing in accordance with the principles and standards of international law by each state-member of Concord independently in the respect of the specific of each concrete case character and content of any agreement5.
The majority of post-Soviet countries suffered hard times during the first years of independence (for example there had been a civil war in Tajikistan6) therefore they were unable to adopt international agreements of former USSR on legal assistance on criminal cases. Although the admission of international agreements of
1 There is some discussion on the notion of "post-Soviet area" and "post-Soviet countries" , present research work uses these terms in the meaning "constitutive components of former USSR"
2 In this connection as A.G. Volevodz noted out "present doc-
ument represents the first in the world's practice of experi-
ence in the collaboration of the model agreement, aiming at regulating one of the directions of international cooperation
in the sphere of criminal process. Recurrence of such document was made up only in the model agreements of UNO,
adopted in 1990." (Volevodz A.G. legal basis of new directions of international cooperation in the sphere of criminal
process: Abstracts of the dissertation of the doctor of judicial science (Doctor of law) M., 2002. C. 17).
3 Collection of the legislation of USSR. 1926. № 58. Article 426.
4 URL: http: // lawrussia. ru /texts/ le-gal_393Aioc393a546x232.htm
5 Memorandum on mutual understanding on the issues of rights of succession in respect of the agreements of former USSR, representing mutual interest// UEnH RT "Adlia" version 6.6 dated 1 September 2013.
6 Bahriddinov S.E. Crime rate in Dushanbe (1990-1994): Abstract of the dissertation of the candidate of law. M., 1996. P. 6.
former USSR on legal assistance on criminal cases would correspond their interests.
Nowadays the majority of international agreements of USSR on legal assistance on criminal cases are still in force in Russian Federation as a state, having a right of succession in some of the former republics of USSR (e.g. Belorussia).
E.B. Melnikov points out, that "after the collapse of USSR the criminals could freely transmits on the territory of former USSR, committing crimes and escaping from law-enforcement agencies, and the latter didn't have necessary legal base for their activity"7. In such conditions some post-Soviet countries (as Melnikov mentioned "post-Socialist Russia") on the base of interaction of law enforcement agencies of former union republics provided legal assistance to other former union republics provided legal assistance to other former union republics as well as various kinds of cooperation. Such interaction accelerated the process of regulation international cooperation on criminal cases in post-Soviet countries.
One must mention Minsk convention on legal assistance as it has on important significance in regulating legal assistance in post-Soviet area. This convention was adopted on the base of soviet heritage of the norms and observing soviet tendency of understanding the notion of international cooperation on criminal cases as "legal assistance on criminal cases".
All CIS countries once were in the structure of one state-USSR. After the collapse of USSR, such countries as Russian Federation, Republic of Armenia, Belorus-sia, republic of Kazakhstan, Turkmenistan, Kyrgyz-stan, Ukraine, Moldova, Uzbekistan, signed in Minsk 22 January 1993. Convention on legal assistance and legal relation on civil, family and criminal cases. After 4 years the implementation of this Convention, there had been introduced amendments and changing by protocol in Convention on legal assistance and legal relations on civil, family and criminal cases, signed in Minsk 28 March, 1997.
Minsk convention on legal assistance on criminal cases as an international agreement gas special significance: it has regulated the issues of international cooperation on criminal cases on the majority part of postSoviet area for the first time. Lot of norms exactly of this convention have been implemented in the criminal proceeding legislation of CIS countries.
Not long than 10 years the implementation of Minsk convention in the framework of CIS countries, has been adopted new convention-Kishinev's convention all state-member of CIS countries except Uzbekistan and Georgia had signed this convention in Kishinev, 7 October 2002. Convention on legal assistance and legal relations on civil, family and criminal cases with its changings and amendments was enforced on 27
7 Melnikov E.B. International cooperation in the sphere of criminal jurisprudence ; Manual book. M., 2003 P.16.
8 For 15 may 2010, republic of Moldova, Russia Federation
and Ukraine didn't accomplish all intergovernmental proce-
dures for enforcement of this convention . Georgia droped out of the members of this convention (Kruptsov A.A., Moiseev E.G., Chuchaeva A.I. Surrender of the persons commiting a crime: manual book. M., 2011 p.62 )
April 2004., after its ratification by republic of Belorussia, Kazakhstan and Azerbaijan. Republic of Tajikistan ratified convention on 1 October, 2004 and on 17 may 2005 it has been enforced8.
Kishinev's convention can be called as Minsk convention in a new reduction, which is in the contrast to Minsk convention, has regulated some new directions of international cooperation on criminal cases. During the following 10 years after the adoption of Kishinev's convention, it has not been still ratified by all countries which has signed it.
Parts 3-4 article 120 of Kishinev's convention stipulate termination of implementation of convention on legal assistance and legal relations on civil, family and criminal cases from 22 January, 1993 and protocol from 28 March 1997. Minsk convention as well as its protocol are still in power in respect to state members of this convention and the state, being its participants for which this convention has not been put into force.
Minsk convention on legal assistance and legal relations on civil, family and criminal cases, at present functions in Russian Federation, Republic of Moldova, Turkmenistan, Uzbekistan, Ukraine, and in the countries, where Kishinev's convention has legal force. Thus Kishinev's convention at present functions in Tajikistan, Belorussia, Azerbaijan, Armenia, Kazakhstan and Kyrgyzstan9.
In accordance with part 1, article 118 of Kishinev's convention "in relations between Treaty Parties which are also participants of one or several Convention of European Council in criminal sphere containing provisions touching upon the subject of present convention, are implemented only those provisions that supplement stated convention of European Council or contribute to the implementation of mentioned principles".
But the question is: why is the priority in the framework of international assistance on criminal cases given to the conventions of Council of Europe but not for example, to Kishinev's Convention? Exactly this issue considered being a major problem of regulating international cooperation, which call in doubt the action of international agreements in the framework of the majority of post-Soviet countries-CIS countries. In the case of contradiction of any mission in the framework of international cooperation with the provisions of European Convention, the mission is not accomplished. The more so, it is obvious that "criminal justice neither in international nor in national measurement is effective able to develop in the absence of detailed collaboration and clearly formulated criminal-legal strategy"10.
European association and council of Europe in the framework of European integration put into agency concrete tasks of observation of European conventions provisions. Euro-Asian integration had been appeared
9 Reference on ratification of the documents, adopted by the council of the heads of CIS countries, council of the heads of CIS countries, Council of the heads of CIS government during the period of 1991-2012 (on status 7. April 2012). URL: http://cis.minsk.by
10 Milinchuk V.V. New tendency of international cooperation in the sphere of criminal process: concept of transnational justice// state and law. 2004.№ 4. P.94
in post-Soviet countries after that some CIS countries like Russia, Kazakhstan and Belorussia felt that in the frame of CIS it was impossible to realize international cooperation in criminal-legal sphere. It can be suggested in the framework of Euro-Asian integration on the base of European and post-Soviet experience to create and realize own models of cooperation as an example of European Council experience. In order to unification their own legislation CIS countries accepted model Codes: such approach may be founded in the actions of UNO e.g. adoption of model agreements on various kinds of international cooperation. On V.V. Malinchuk's opinion, "in the framework of CIS countries special attention has to be concentrated not only on internal legislation concordance but on the collaboration of more current for all association unified instruments, having not compulsory but recommended char-acter"11.
Modern Criminal Code of CIS countries as an act of recommended character takes an important place in the regulation of international legal assistance on criminal cases. Model criminal proceeding Code of CIS countries has greatly influenced on criminal proceeding legislation of member-states of CIS countries. Chapter 63 of the model Criminal Proceeding Code regulates providing legal assistance on criminal cases12.
The first attempt of national legislation to fasten priorities on the issues of mutual legal assistance on criminal cases, made by the collaborators of the projects of new criminal proceeding code of RF in chapter 51 had just confirmed the necessity of tedious work on national level on creation of legal maintenance of the institution of legal assistance on criminal cases, which takes into consideration another countries experience accumulated in such issues13.
Criminal proceeding code's structure from 18 December 200114 in logical order includes part 5 "international cooperation in the sphere of criminal proceeding". Chapter 18 regulates the order of courts interaction cooperation of public prosecutors' investigators and injury organs with corresponding competent bodies and officials of foreign states and international organizations is provided by the norms of chapter 53, chapters 54 and 55 on surrender of the persons conformably.
11 In the same addition p.93
12 Model criminal proceeding code for state state-members of CIS countries from 17.02.1996// supplement to the informational bulletin. 1996 №10
13 Look through: Shoror.A.O. Criminal law and criminology problems of international police cooperation: Experience of systematic research: Dissertation for the candidate of law M., 2003. P. 157-158
14 Criminal proceeding code of RF from 18. December, 2001. Adopted by state Duma of RF, 22. November, 2001 № 174 -F3 (edited from 4 March 2013) // Russian Newspaper, 2001/ Dec.22
15 Criminal proceeding code of republic of Uzbekistan: URL http://www.base.spinform.ru/show.fwx (the date of 14 September 2013)
16 Interaction in the sphere of criminal procedure within the
framework of international legal aspects-is a criminal proceeding and organization-tactical activity of appropriate subjects of criminal prosecution of corresponding state, which
Analogous rule on international cooperation in the sphere of criminal legal procedure is provided by criminal proceeding code of the republic of Uzbekistan. There was no special codified norm on legal assistance in the criminal proceeding code of Uzbekistan from 22.09.199415. In accordance with the law of the republic of Uzbekistan from 28.09.2010 №3 R. of Uzbeki-stan-262. The chapter 14 on "international cooperation in the sphere of criminal procedure criminal proceeding". Chapter 64 of this CPC (criminal proceeding code) regulates the principle provisions on the order of interaction of courts, public prosecutors investigators and injury organs with competent bodies of foreign state (article 592-598).
In comparison with the chapter 53 CPC of RF and chapter 64 CPC of Republic of Uzbekistan, chapter 48 of CPC of the Republic of Tajikistan foreseen "interaction of courts, prosecutors, investigators and injury organs with corresponding competent bodies and officials of foreign states in the order of providing legal assistance on criminal code". All kinds of international cooperation considered being interaction16, but what kinds of interaction the chapter doesn't define17, only from the content of the above-mentioned, chapter one can define that chapter 53 CPC of Russian Federation foreseen norms on legal assistance which mainly regulate providing legal assistance during proceeding actions, as well as the issues of criminal prosecution realization. Chapter 48 CPC of Republic of Tajikistan and chapter 47 CPC of Kirgiz Republic concretize the kinds of interaction in the field of rendering legal assistance. However, in the scientific literature there is a discussion in connection with the chapter 48 CPC of Republic of Tajikistan and chapter 47 CPC of Republic of Kyrgyz-stan, which foreseen rendering legal assistance when providing legal action and issues of criminal prosecution in the framework of rendering legal assistance on criminal matters. For instance, V.A. Shipyuk considered that "norms that foreseen the order of direction and accomplishment of injury on criminal prosecution or
export the powers trusted them and measures in order to reveal and investigate crimes, to provide court trial and passing verdicts, etc. (look through: Natura A.S, Pekhov A.N. international cooperation in the sphere of criminal procedure: organizational-legal basis, proceeding order and forms of interaction: manual book. M, 2007 p. 65) 17 E.g. chapter 55 CPC of Kazakhstan "the main principles of the order of interaction of bodies, carrying out criminal process together with component institutions and foreign states' officials on criminal cases" foresees all of interaction in the sphere of criminal procedure (rendering legal assistance, surrender of persons, etc.) it has to be noted that in the project of new CPC of Republic of Kazakhstan the issues of international cooperation are consolidated in the chapter 12. "international cooperation in the sphere of criminal procedure", the issues of international legal assistance are regulated in the chapter 58 "General provisions" and chapter 59 "legal assistance" (project of criminal proceeding code (CPC) of republic of Kazakhstan on condition for 30 September 2013.//http:// online.zakon.kz)
suiting criminal case on the territory of Russian Federation have not to be included into institution of legal assistance on criminal matters"18.
V.A. Shipyuk defines some difference between institution on rendering legal assistance and the norms of criminal prosecution accomplishment. He pointed out the issues of jurisdiction transmission as the major problem. Besides, we can add ti these issues the following: in the course of fulfilment of a commission on prosecution actions on the territory of foreign state, the number and regulation of the criminal case do not change, while the accomplishment of commission on criminal prosecution, the number and regulation of the criminal case always change19. However, legal assistance rendering and criminal prosecution fulfilment, which on his opinion, represent an institution are mutually connected, i.e. the regulation of criminal prosecution is impossible without rendering legal assistance. For instance Minsk (article 73) and Kishinev's (article 91-95) conventions foreseen than competent bodies carry out all necessary measures on criminal prosecution in the case when materials to continue criminal prosecution on the territory of foreign member-status are directed. It is doubtful whether such measure are enough to complete the case legally and fairly. Foreign state investigates and sends the commission on rendering legal assistance again, so far as the crime is not committed on its territory, and the majority of conclusive information is on the territory of the state which is an initiator of commission on criminal prosecution accomplishment. We do not take into consideration the issues of suiting a criminal prosecution, so far as the necessity of rendering legal assistance is observed much more frequently20. Thus, new institution, which is being in the stage of formation on the post-Soviet area has to be named "transmission of criminal proceeding", but not as "transmission of criminal case materials", because when materials are sent, both criminal prosecution and protection and case conclusion are observed. New CPC of Ukraine from 13.04 201221 regulates international cooperation in the course of criminal prosecution in the section 9, which consist of 5 chapters: Chapter 42"General principles of international cooperation", Chapter 43 "International legal assistance in the course of carrying out proceeding actions", Chapter 44"Surrender of persons committing criminal offences (extradition)", Chapter 45 "Criminal practice
18 Shipyuk V.A legal assistance in the sphere of international cooperation on criminal matters: manual book. Cn6.,2012. P. 20
19 New CPC of Ukraine also didn't divide the issues of criminal prosecution and the legal assistance rendering institution (frantic prosecution article 570) is regulated in the framework of chapter 43"International legal assistance" it has to be noted that CPC of Ukraine in chapter 45 doesn't foreseen the issues of "criminal procedure in the order pf adopting other methods" which have some resemblance with the norms of modal agreement on transmission of criminal prosecution, from 14 December 1990./ look through model agreement on transmission of criminal prosecution, from 14 December 1990// www.un/org/ru
20 Furthermore, while defining the notion of legal assistance,
V.A. Shipyuk examines implementation of criminal prosecu-
proceeding in the order of adoption', Chapter 46"Con-fession and fulfilment of foreign states courts verdicts as well as extradition of convicted persons".
Article 541. CPC of Ukraine defines the notion of international legal assistance as carrying out proceeding actions by the competent bodies of one state with one of foreign and international court institutions. The Code doesn't foreseen the norms of rendering legal assistance on criminal matters with another international organizations.
Part 1 article 544 of CPC of Ukraine foresees providing and receipt of international legal assistance or international cooperation without an agreement. In part 1 . article 544 CPC of Ukraine it is noted that: "in absence of international treaty of Ukraine, international legal assistance or any other cooperation can be placed on the base of injury by another state or on the base of requital... ". it was a new term "on the commencement requital". All these terms on practice have single meaning. In contrast to other CPC of CIS countries, part one Article 536 of CPC of the Republic of Moldova from 14nMarch 200322 recognizes "the body of criminal prosecution" or "court instance" which are applied to the "body of criminal prosecution" or to the "court instance of corresponding state" or to the "international court instance" as a national subject. The principle of requital is clearly reflected in the CPC of Republic of Belorussia from 16 July 199923. "International legal assistance on criminal matters on the base of requital'-section 15mCPC of the Republic of Belorussia Chapter 50 "The grounds and conditions on rendering international legal assistance on criminal matters on the base of mutual requital" states that the reason to render international legal assistance on criminal matters on the basis of mutual requital considered to be the request of foreign state body (article 469) CPC of Republic of Belorussia doesn't regulate legal assistance on criminal matters on the bases of international agreements.
As for Baltic countries such as: Latvia, Lithuania, and Estonia which one had been in the structure of USSR, but nowadays they are not included in CIS countries. Lithuania and Estonia have adopted their own CPC before entry into European Union. CPC of Estonia foresees the issues of international cooperation
tion as a part (sub institution) of legal assistance in the following way: "legal assistance in the sphere of international cooperation on criminal matters ... is assigned to implement criminal prosecution as well as to achieve the tasks and aims of criminal proceeding on criminal matters on a crime, which is investigated in the injuring state (by international association, by international court body)" (Shipyuk V.A. Decree p.22)
21 Criminal Proceeding Code (CPC) of Ukraine from 13 April 2012 № 4652-VI //voice of Ukraine, 2012 № 90-91 (53405341) 19 May.
22 Criminal proceeding Code of the Republic of Moldova from 14 March 2003 № 172-XV (on condition for 15.12.2013): URL: http:// www. base.spinform. ru / show_doc. fwx?rgn=3833
23 Criminal proceeding Code of Republic of Belorussia from 16 July 1999 № 295-3 (on condition for 01.12.2013)
in the field of criminal proceeding in the chapter 3524. The CPC of Lithuania foresees interaction with foreign institutions and international organizations on the section X chapter IV25. The issues of international cooperation in the field of criminal proceeding have been reflected in CPC of Latvia (Chapter 64-76) after entry into EU26.
As for Georgia it left the structure of CIS countries and is not the member of European Union new CPC of Georgia (2009) in its general part thoroughly regulates the issues of adoption criminal proceeding norms of a foreign state on its own territory as well as criminal proceeding norms of CPC of Georgia on the territory of foreign state. For instance, part 6, article 2 of CPC of Georgia foresees: "in accordance with the international agreement and treaties of Georgia, criminal proceeding legislation of Georgia can be conformed on the territory of foreign states too". According to part 8 article 2 "in condition of satisfaction of courts' or investigatory bodies of foreign states satisfaction on implementation of proceeding actions on the territory of Georgia, criminal proceeding legislation of those states can be implemented as well"27. Despite of it, CPC of Georgia doesn't foresees codified norms of international cooperation, in particularly on rendering legal assistance on criminal matters, although in Georgia the law on cooperation between International Criminal Court and Georgia from 16 December 2004 is an act28.
Provisions of many bilateral agreements on legal assistance on criminal matters signed by post-Soviet countries29 (some of which didn't conclude the agreement on legal assistance, but nevertheless render legal assistance to "fraternal republic") are analogous; furthermore, such tendency has been observed in the agreements of some post-Soviet countries with other states. For instate, part3, article 3 of the agreement between republic of Tajikistan and United Arabic Emirates on extradition of criminals from 9 April 2007 and article 6 of the agreement between Republic of Kazakhstan and United Arabic Emirates on transfer of criminals from 16 March 2009 foresees the following: encroachment on attempt on encroachment on the President, the Head of the Government or any member of his family, on the member of Supreme Council of United Arabic Emirates or any member of his family in the purpose of present Agreement is not considered being
political crime. It is necessary to point out that European Conventions on legal assistance, transmission of criminal proceeding, extradition and descent of persons in the regulations of international cooperation issues in post-Soviet countries are of significant importance. Except Belorussia and Central Asian countries all postSoviet countries are the participants of Council of Europe.
Lately appeared a problem. European court on Human Rights had adopted 10 decisions, which prohibited post-Soviet countries-participants of European Convention on protection human rights and fundamental freedoms to extradite persons to Belorussia and Central Asian countries.
The problem of transmission criminal proceeding: if a person committed a crime and escaped on the territory of foreign state, and there also committed a crime and has been arrested, in such case the materials of criminal case on the first crime may be transported into a country, where he has been detained. Such approach seems to be optimal variant in the framework of CIS countries because of legislation of these countries are similar.
The conclusion is as following. Initial stage of the development of international cooperation in the sphere of criminal process in post-Soviet countries was completed with the adoption of CPC of Ukraine, as it was considered being the newest CPC in post-Soviet countries (before it in Ukraine, the CPC of Ukraine Soviet socialist Republic was in act). In whole the present stage may be characterized as an rejection of Soviet criminal proceeding legislation in post-Soviet countries. The second stage of the development of criminal proceeding legislation, including international cooperation on post-Soviet area-considered being the second wave of projects, preparations and adoption recurrent CPC after the collapse of USSR. Confirmation of it are the projects of CPC of Kazakhstan and Armenia. New stage, mainly takes into consideration the experience and influence of western countries including Europe and USA. It is characterized by special development and influence of CPC of Estonia, Latvia and Lithuania, that is confirmed by new provisions of new CPC of Ukraine, in which many norms of international cooperation or similar to the norms of CPC of above-mentioned countries. One has not to forget that Estonia, Latvia and Lithuania one were in the structure of USSR,
24 Criminal proceeding Code of Republic of Estonia from 12 February 2003: URL: http: // usbeta.ru/ueit/ upk_ehstonii_5html
25 Criminal proceeding Code of Republic of Lithuania from 14 March 2002: URL: http://www3.lrs.It/pls/inter3/dok-patska. showdoc_I?p_id=319053
26 Criminal proceeding Code Latvia from 11 May 2005: URL: http : // www.pravo. lv/likumi/2 9_upz.html
27 Criminal proceeding Code of Georgia from 9 October 2009. № 1772-IIc: URL: http:/www.pravo.org.ua; Guide-book on new Criminal proceeding Code of Georgia/ Composed 3. Meishvili; translated from Georgian M., 2010
28 The law of Georgia on cooperation between International
Criminal court and Georgia from 16 December, 2004: URL: http://www.icre.org./rus/resources/documents/misc/georgia-icc-law-161104.html
29 For instance. Look through Agreement between RF and Lithuania Republic on rendering mutual legal assistance on civil, family and criminal matters from 21 July 1992.// collection of legislative Acts of RF 1995. Article 1912. Agreement between RF and Latvian Republic on rendering mutual legal assistance on civil, family and criminal matters from 3 February 1993// collection of legislation of RF 1995 N° 21 Article 1932; Agreement between RF and Estonia Republic on rendering mutual legal assistance on civil, family and criminal matters from 26 January 1992// collection of legislative of RF 1998 № 2 Article 229; Agreement between Kirgiz Republic and Republic of Tajikistan on rendering mutual legal assistance on civil, family and criminal matters (Bishkek 6 May 1998) // RT "Adlia" version 6.0. on condition for 1 November 2013 and others.
although they are the members of EU, on the territory of which the agreements of EU and European Community are in force. The principles of conception on court reformation are elaborated in accordance with geographic and historical aspects of post-Soviet countries and they have been realized initially in Baltic countries.
No doubt that a new CPC of RF will be elaborated and adopted, furthermore there is a sharp discussion on many aspects of the norms of present CPC. The majority of provisions of present CPC have been changed and thus do not correspond to the conception of present CPC of RF to the moment of its adoption. Furthermore according to the decision of European Convention of Human Rights, Russian Federation committed an error in the field of international cooperation on criminal matters. No doubt that the roots of such mistakes have to be search in the national criminal proceeding legislative of RF. Development of international cooperation in post-Soviet countries depends on both western experience and specific of post-Soviet area in each region country.
References
1. Bahriddinov S.E. Crime rate in Dushanbe (1990-1994): Abstract of the dissertation of the candidate of law. M., 1996.
2. Kruptsov A.A., Moiseev E.G., Chuchaeva A.I. Surrender of the persons commiting a crime: manual book. M., 2011.
3. Milinchuk V.V. New tendency of international cooperation in the sphere of criminal process: concept of transnational justice// State and law. 2004.№ 4.
4. Melnikov E.B. International cooperation in the sphere of criminal jurisprudence ; Manual book. M., 2003
5. Natura A.S, Pekhov A.N. international cooperation in the sphere of criminal procedure: organizational-legal basis, proceeding order and forms of interaction: manual book. M, 2007.
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7. Volevodz A.G. legal basis of new directions of international cooperation in the sphere of criminal process: Abstracts of the dissertation of the doctor of judicial science (Doctor of law) M., 2002.
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